DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/837,498.
Claims 1-16 are pending.
Claims 1-16 are examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacPherson et al. (U.S. Publication 2019/0330856).
Regarding claim 1, MacPherson et al. disclose a fiber cement plate (#2040) for a wall structure (paragraph 80 discloses the plate #2040 is to comprise of a fiber cement plate for wall use), the fiber cement plate comprising:
a rectangular body (see figure 6A) having a top edge (#2046), and a bottom edge (#2048) arranged spaced apart and substantially parallel to each other(see figures 6A and 6B), a first (#2042) and a second (#2044) lateral edge arranged spaced apart and substantially perpendicular to the top and bottom edges (see figures 6A and 6D) and inwards (the right vertical face of figure 6C) and outwards (the left vertical face of figure 6C) facing surfaces, wherein the first and second lateral edges are disposed substantially parallel to each other and connect the top and bottom edges (see figure 6A), wherein:
the bottom edge is provided with an elongated groove (the V-shaped groove at the bottom edge #2048 as depicted in figure 6C) and the top edge is provided with an elongated projection (the V-shaped projection at the top edge #2046 as depicted in figure 6C) adapted to be inserted into an elongated groove of an adjacent identical fiber cement plate (see figure 10, where the panel #2040 of figure 6A would similarly engage a second panel using the projection and groove of each respective panel),
in that the first lateral edge is provided with an elongated groove (#2043) and the second lateral edge is provided with an elongated projection (#2045) adapted for insertion inside an elongated groove of a first lateral edge of an adjacent identical fiber cement plate (see paragraph 91), and
in that a sealant is provided in the elongated groove of the first lateral edge (paragraph 91 discloses that a sealing element, such as the sealing rod #2021, with respect to the cladding element #2020 can be provided on one or more of the surfaces of the first edge #2042 and the second edge #2044, where figure 5F depicts the sealing rod sealant #2021 can be provided within the groove #2022 of the first lateral edge and thus the sealant in the embodiment of figure 6A would be similarly positioned).
Regarding claim 2, MacPherson et al. disclose the elongated groove of the bottom edge of the fiber cement plate is devoid of a sealant (as depicted in figure 6B, though paragraph 73 discloses gaps G and G2 between two panels are configured to accommodate adhesives and sealants and other insulation materials, such sealants are not disclosed as being pre-applied to the panel and thus is considered devoid in an intermediate product of such a panel as broadly defined, such as depicted in figure 6C).
Regarding claim 4, MacPherson et al. disclose the fiber cement plate is a part of a wall structure (see figure 10, where the panel of figure 6A is also to be similarly installed upon a wall), the elongated groove of the first lateral edge and the elongated projection of the second lateral edge are disposed vertically and the outwards facing surface is arranged further from a center of the wall structure than the inwards facing surface (as depicted in figure 10, the panel of figure 6A is to be installed with the outwards facing surface facing away from the wall structure and the lateral edges extending vertically).
Regarding claim 5, MacPherson et al. disclose a wall structure comprising:
an array of vertically or horizontally extending support beams (paragraph 63 discloses the wall which the panel of figure 6A is to clad is to comprise of a wooden frame, where figure 10 depicts such a frame would comprise of vertical and horizontal support beams to support such walls, as is inherent in the art); and
a plurality of fiber cement plates (#2040) attached to the support beams (see figure 10, where fasteners #3042 would similarly attach the panels #2040 of figure 6A to the support structure of a wall) and engaged with each other (see figure 10, where the panels #2040 of figure 6A would similarly engage one another along top and bottom edges as well as lateral edges with one another to complete a wall structure), each fiber cement plate having a first (#2042) and a second (#2044) vertically oriented edge, a first (#2048) and second (#2046) horizontally oriented edge and an inwards facing (the right vertical face of figure 6C) and an outwards facing surface (the left vertical face of figure 6C), wherein:
the first horizontally oriented edge is a bottom edge (see figure 6B) and is provided with an elongated groove (the V-shaped groove at the bottom edge #2048 as depicted in figure 6C) and the second horizontally oriented edge is a top edge (see figure 6B) and is provided with an elongated projection (the V-shaped projection at the top edge #2046 as depicted in figure 6C) arranged inside an elongated groove of a bottom edge of an adjacent identical fiber cement plate (see figure 10, where the panel #2040 of figure 6A would similarly engage a second panel as depicted),
in that the first vertically oriented edge is provided with an elongated groove (#2043) and the second vertically oriented edge is provided with an elongated projection (#2045) arranged inside an elongated groove of a first vertically oriented edge of an adjacent identical fiber cement plate (see paragraph 91), and
in that a sealant is provided in the elongated groove of the first vertically oriented edge (paragraph 91 discloses that a sealing element, such as the sealing rod #2021, with respect to the cladding element #2020 can be provided on one or more of the surfaces of the first edge #2042 and the second edge #2044, where figure 5F depicts the sealing rod sealant #2021 can be provided within the groove #2022 of the first lateral edge and thus the sealant in the embodiment of figure 6A would be similarly positioned).
Regarding claim 8, MacPherson et al. disclose the plurality of fiber cement plates is arranged in a horizontally oriented staggered arrangement (paragraph 95 discloses the mating surfaces of adjacent panels in a row can be offset to the mating interfaces of adjacent rows in a stretcher bond pattern and thus in a horizontally oriented staggered arrangement as defined).
Regarding claim 9, MacPherson et al. disclose a method of forming a wall structure, the method comprising the steps of:
providing an array of vertically or horizontally extending support beams (paragraph 63 discloses the wall which the panel of figure 6A is to clad is to comprise of a wooden frame, where figure 10 depicts such a frame would comprise of vertical and horizontal support beams to support such walls, as is inherent in the art);
providing a plurality of fiber cement plates (#2040), each fiber cement plate including a top edge (#2046) provided with an elongated projection (the elongated projection extending from top edge #2046 as depicted in figure 6B), a bottom edge (#2048) provided with an elongated groove (the V-shaped groove at the bottom edge #2048 of figure 6B), a first vertically oriented edge (#2042) provided with an elongated groove (#2043), a second vertically oriented edge (#2044) provided with an elongated projection (#2045) and a sealant arranged in the elongated groove of the first vertically oriented edge (paragraph 91 discloses that a sealing element, such as the sealing rod #2021, with respect to the cladding element #2020 can be provided on one or more of the surfaces of the first edge #2042 and the second edge #2044, where figure 5F depicts the sealing rod sealant #2021 can be provided within the groove #2022 of the first lateral edge and thus the sealant in the embodiment of figure 6A would be similarly positioned);
attaching a first fiber cement plate of the plurality of fiber cement plates to at least one of the support beams (see figure 10, where such plates #2040 of figure 6A would similarly be attached to the support beams of the framing of the wall); and
engaging a second fiber cement plate of the plurality of fiber cement plates with the first fiber cement plate by aligning a bottom edge of the second fiber cement plate with a bottom edge of the first fiber cement plate and sliding the second fiber plate in a horizontal direction so as to cause an elongated projection of the second vertically oriented edge of the first fiber cement plate or an elongated projection of the second vertically oriented edge of the second fiber cement plate to be inserted into an elongated groove of the first vertically oriented edge of the second fiber cement plate or into an elongated groove of the first vertically oriented edge of the first vertically oriented edge of the first fiber cement plate respectively and to squeeze the sealant arranged in the elongated groove of the second vertically arranged edge of the second or first fiber cement plate (as taught in paragraph 95, such plates #2040 of figure 6A are to be placed in rows with the projection #2045 of one vertically oriented edge slid into and engaging the groove #2043 of the vertical edge of an adjacent panel, where paragraphs 87 and 94 disclose the sealing material can comprise of caulk between such edges which would thus be squeezed between such edges when the edges engage one another in order to allow contact of the sealant between both such edges and provide an air/moisture seal as required).
Regarding claim 10, MacPherson et al. disclose further including engaging a third fiber cement plate of the plurality of fiber cement plates with the first fiber cement plate by sliding the third fiber cement plate in a vertically downward direction and fitting an elongated projection of the top edge of the first fiber cement plate into an elongated groove of the bottom edge of the third fiber cement plate (see figure 10, where the plates #2040 of figure 6A would similarly be stacked in rows along the wall such that the groove of a third plate in the second row would receive the projection of the plate in the first row which the plate would be slid upon in order to complete the wall).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3, 7, 11, 13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over MacPherson et al. in view of O’Neil (U.S. Publication 2016/0230385).
Regarding claim 3, MacPherson et al. disclose the claimed invention except for the outwards facing surface is provided with a hydrophobic coating which reduces water ingress into the outwards facing surface. However, it is highly well known in the art, as evidenced by O‘Neil, that the outer surface of fiber cement boards can be provided with water repellant properties by applying a hydrophobic coating thereto. See paragraph 35. Therefore, it would have been obvious before the effective filing date of the claimed invention to have provided the outer surface of the plates of MacPherson et al. with a hydrophobic coating, as taught in O’Neil, in order to provide water repellency to the assembly during use.
Regarding claim 7, MacPherson et al. disclose the claimed invention except for the outwards facing surface of each plate is provided with a hydrophobic coating which reduces water ingress into the outwards facing surface. However, it is highly well known in the art, as evidenced by O‘Neil, that the outer surface of fiber cement boards can be provided with water repellant properties by applying a hydrophobic coating. See paragraph 35. Therefore, it would have been obvious before the effective filing date of the claimed invention to have provided the outer surface of the plates of MacPherson et al. with a hydrophobic coating, as taught in O’Neil, in order to provide water repellency to the assembly during use.
Regarding claim 11, MacPherson et al. disclose the claimed invention except for the outwards facing surface is provided with a hydrophobic coating which reduces water ingress into the outwards facing surface. However, it is highly well known in the art, as evidenced by O‘Neil, that the outer surface of fiber cement boards can be provided with water repellant properties by applying a hydrophobic coating thereto. See paragraph 35. Therefore, it would have been obvious before the effective filing date of the claimed invention to have provided the outer surface of the plates of MacPherson et al. with a hydrophobic coating, as taught in O’Neil, in order to provide water repellency to the assembly during use.
Regarding claim 13, MacPherson et al. in view of O’Neil render obvious the fiber cement plate is a part of a wall structure (see figure 10 of MacPherson et al., where the panels #2040 of figure 6A would similarly be positioned to form a wall), the elongated groove of the first lateral edge and the elongated projection of the second lateral edge are disposed vertically and the outwards facing surface is arranged further from a center of the wall structure than the inwards facing surface (as depicted in figure 10 of MacPherson et al., the panel of figure 6A is to be installed with the outwards facing surface facing away from the wall structure and the lateral edges extending vertically).
Regarding claim 16, MacPherson et al. in view of O’Neil render obvious the plurality of fiber cement plates is arranged in a horizontally oriented staggered arrangement (paragraph 95 of MacPherson et al. discloses the mating surfaces of adjacent panels in a row can be offset to the mating interfaces of adjacent rows in a stretcher bond pattern and thus in a horizontally oriented staggered arrangement as defined).
Claim(s) 6, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over MacPherson et al. in view of Cole et al. (U.S. Publication 2015/0047281).
Regarding claim 6, MacPherson et al. disclose adhesives or sealants are to be provided within gap G and/or G2 and thus do not specifically disclose the elongated groove of the first horizontally arranged edge of each fiber cement plate is devoid of sealant. However, lines 24-28 of page 18 of the present specification disclose that such an elongated groove is shown to be devoid of sealant but a sealant similar to that provided in the lateral edge tongue and groove connection can be provided, thus supporting that use or non-use of such a sealant is not critical to the claimed invention. Cole et al. disclose a fiber cement board in combination with a foam layer for use on a wall, where either the foam layer, as depicted in figure 2A at #211, or the fiber cement board, as depicted in figure 2C at #211”, can comprise of interlocking features (see paragraph 50), where such interlocking features can be adapted to provide an air seal, whether with or without the use of sealants such as caulk or tape. See paragraph 45. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the tongue and groove connection of the fiber cement panels of MacPherson et al. to comprise of an air seal which can be done without the use of sealant, as taught in Cole et al., in order to reduce the time and cost of constructing such a wall by not having the step of inserting such a sealant within the gaps of the adjacent panels and also provide an air seal between panels that would not degrade based on the degradation of such a sealant during use.
Regarding claim 12, MacPherson et al. is considered to disclose the plate, in an intermediate state, devoid of such a sealant. However, MacPherson et al. disclose adhesives or sealants are to be provided within gap G and/or G2 and thus do not specifically disclose the elongated groove of the first horizontally arranged edge of each fiber cement plate is devoid of sealant when placed to form a wall with other plates. Lines 24-28 of page 18 of the present specification disclose that such an elongated groove is shown to be devoid of sealant but a sealant similar to that provided in the lateral edge tongue and groove connection can be provided, thus supporting that use or non-use of such a sealant is not critical to the claimed invention. Cole et al. disclose a fiber cement board in combination with a foam layer for use on a wall, where either the foam layer, as depicted in figure 2A at #211, or the fiber cement board, as depicted in figure 2C at #211”, can comprise of interlocking features (see paragraph 50), where such interlocking features can be adapted to provide an air seal, whether with or without the use of sealants such as caulk or tape. See paragraph 45. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the tongue and groove connection of the fiber cement panels of MacPherson et al. to comprise of an air seal which can be done without the use of sealant, as taught in Cole et al., in order to reduce the time and cost of constructing such a wall by not having the step of inserting such a sealant within the gaps of the adjacent panels and also provide an air seal between panels that would not degrade based on the degradation on such a sealant during use. Thus, MacPherson et al. in view of Cole et al. would disclose such a fiber cement plate is part of a wall such that the first horizontal groove is devoid of a sealant, as explained above, and the elongated groove of the first lateral edge and the elongated projection of the second lateral edge are disposed vertically and the outwards facing surface is arranged further from a center of the wall structure than the inwards facing surface (as depicted in figure 10 of MacPherson et al., the panel of figure 6A is to be installed with the outwards facing surface facing away from the wall structure and the lateral edges extending vertically).
Regarding claim 15, MacPherson et al. in view of Cole et al. render obvious the plurality of fiber cement plates is arranged in a horizontally oriented staggered arrangement (paragraph 95 of MacPherson et al. discloses the mating surfaces of adjacent panels in a row can be offset to the mating interfaces of adjacent rows in a stretcher bond pattern and thus in a horizontally oriented staggered arrangement as defined).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over MacPherson et al. in view of Cole et al. and O’Neil.
Regarding claim 14, MacPherson et al. in view of Cole et al. render obvious the claimed invention except for the outwards facing surface of each plate is provided with a hydrophobic coating which reduces water ingress into the outwards facing surface. However, it is highly well known in the art, as evidenced by O‘Neil, that the outer surface of fiber cement boards can be provided with water repellant properties by applying a hydrophobic coating. See paragraph 35. Therefore, it would have been obvious before the effective filing date of the claimed invention to have provided the outer surface of the plates of MacPherson et al. with a hydrophobic coating, as taught in O’Neil, in order to provide water repellency to the assembly during use.
Conclusion
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635